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Claret v. Commonwealth

Facts:

Defendant contended that her
speeding violation constituted reckless driving under Va. Code Ann. § 46.2-862
and that her prosecution for driving while intoxicated was therefore barred by
Va. Code Ann. § 19.2-294.1, which prohibited conviction of both reckless
driving and driving while intoxicated where both charges arose out of the same
act or acts..

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Holdings:

The
Virginia Court made the following holding:

The statute in question,
Va. Code Ann. § 19.2-294.1, is clear and unambiguous, and the legislative
intent is clear. Under Article 7 of Title 46.2, there are fourteen
different offenses that the legislature has determined constitute
"reckless driving." Nowhere in § 19.2-294.1 does the legislature
delineate, define, or limit in any way the "reckless driving"
that constitutes a bar to a conviction for driving while intoxicated.
Hence, the legislature intended to include any offense constituting
reckless driving under the Code.